Decision day...as I pointed out in another thread, a decision may be issued today as to whether or not Howie can jump to WTKK-FM tomorrow--or at all.

Today is the last day for Howie at WRKO under his contract but it's possible he may stay if a judge issues a restraining order to Entercom. I'm not even sure if Howie will be on today...busy at the courthouse? Or benched by Entercom? It's even possible someone else may start the show and Howie would show up later.

We should get word later. If Howie is able to jump, then very late tonight (about 4 am) I will issue the first WTKK Howie Carr Show live ping (with his show to start at 5:30 am). But note that due to legal issues he may not start there for awhile, or at all. Down to the last minute...

The ping for the show itself—not sure yet if Howie will
be on. We hope to hear later today of the judge’s decision.
Am guessing the Herald would have it as “breaking news”
or I could get the news via other sources.

No idea what WVMT will do but remember they replaced him
with Jerry Doyle for awhile...

Speaking of websites, if you go to WTKK (still the old
site is up) Michael Graham is now listed as “10 am to
noon”...as in, as of tomorrow (one would think) —but
I thought Howie was supposed to be 5:30 to 9? What’s on
9-10?

A Suffolk Superior Court judge ruled today that WRKO radio was entitled to exercise the right to match provision in Howie Carrs contract, which allows the station to meet a competitors offer and leaves the popular talk show host in limbo.

Its unclear whether Carr will take over the morning drive show on Greater Medias WTKK (96.9 FM) tomorrow.

Said WRKO (680 AM) spokesman George Regan: We hope Howie will continue his show on WRKO radio.

The right to match clause in Carrs contract with WRKO, which is owned by Entercom Communications, gives the station the right to meet a competing salary offer within 180 days from any radio or TV station within WRKOs coverage area.

The judge said Carr could have quietly met with Greater Media to discuss or negotiate his future while his WRKO agreement was still operative.

What Carr could not do is what he did here: receive and accept an offer from Greater Boston Radio Inc. before his Artists Agreement had terminated, the judge wrote.

Carrs attorneys argued that the right to match and non-compete provisions were illegal and unenforceable under state law and pointed to a statute that prohibits the enforceability of post-employment restrictions against people who work in the broadcast industry.

But the statute says a broadcast employee can go to work for a competitor after they have been terminated by their employer, terminated by mutual agreement or their contract expired. Carrs contract with WRKO expired today and he made a deal to jump to WTKK in July.

The Artists Agreement still has not been terminated by Entercom, or by mutual agreement of Entercom and Carr, or by the expiration of the Agreement itself, Judge Allan van Gestel wrote in todays 18-page ruling.

The judge wrote that Entercom Communications was allowed to exercise its right to match WTKKs offer while Carrs agreement with WRKO was still fully operative for two more months.

That exercise continued the Artists Agreement in effect well beyond September 19, the judge wrote. And it is not a post-employment restriction.

For Carr to receive protection, under the state statute, the judge wrote, in the circumstances presented here would require this Court to ignore the fact that his Artists Agreement has not terminated.

However, the judge said the non-compete clause in Carrs agreement is unenforceable under state law after Carrs contract with WRKO ends.

The judge said he wasnt ruling on whether Carr is compelled to stay working at WRKO.

Carr and WRKO have been embroiled in a legal battle since July when WTKK offered him a five-year contract worth about $7 million to host the slot left vacant by fired shock jock Don Imus. WRKO matched the rival stations offer the following day.

The two sides argued their cases yesterday before Judge van Gestel, who presides over the courts Business Litigation Session.

Carr filed a lawsuit against WRKO in July claiming his contract with the station contained illegal provisions that prohibit him from working at competing stations. The suit also claimed the station failed to extend his contract several times.

WRKO then filed a countersuit to block him from jumping ship, claiming Carr and his agent, Cary Pahigian, conspired to break his contract by negotiating with WTKK. Carr was set to debut tomorrow morning on WTKK.

BY BRIAN MALONEY
As I had expected, Howie’s legal case didn’t go quite as well as his entourage hoped. That means I won’t have to be tasered after all, thank goodness.

Here’s Jessica Heslam’s courtroom coverage (see above)

In the story, Heslam says the ruling leaves Howie’s show in limbo, but I think it’s reasonably clear we won’t be hearing him debut on WTKK tomorrow.

Keep this in mind: while Entercom may not be terribly bright when it comes to programming radio stations, the firm’s legal department is another story. They will present a stronger defense than most observers anticipated and have already begun to do so.

UPDATE- the Globies reach pretty much the same conclusion as the Herald:

“The judge wrote today that in the final judgment, which is yet to come, the part of the contract which included a non-compete clause is not enforceable under state law, but another clause that gave WRKO the right to match any new offer was enforceable.

“Carr’s contract would have expired today, but Entercom Communications Corp. of Pennsylvania, which owns WRKO, alleges that it matched the offer from a rival station and therefore Carr is bound to his contract until Sept. 30, 2012.

“’The court is aware that Carr claims that he cannot be forced to work for WRKO,’ Superior Court Judge Allan van Gestel wrote in his decision. ‘While Carr’s position may have merit, it is not presently before this Court on the three motions in play. In short, it remains for another day, on another record.’

“Carr’s spokeswoman and attorney did not immediately comment. George Regan, a spokesman for Entercom and WRKO, said today, ‘We hope Howie comes back to work soon.’”

A Suffolk Superior Court judge issued a memo today on several motions in the increasingly-convoluted legal case between Howie Carr and his employer WRKO, which could mean that Carr can’t jump to rival station WTKK as planned.

The afternoon talk radio host on WRKO-AM announced in July that he would jump to the morning drive-time slot on rival radio station WTKK, and promptly sued WRKO alleging that the provisions in his contract that bound him to stay at WRKO were unenforceable.

The judge wrote today that in the final judgment, which is yet to come, the part of the contract which included a non-compete clause is not enforceable under state law, but another clause that gave WRKO the right to match any new offer was enforceable.

Carr’s contract would have expired today, but Entercom Communications Corp. of Pennsylvania, which owns WRKO, alleges that it matched the offer from a rival station and therefore Carr is bound to his contract until Sept. 30, 2012.

“The court is aware that Carr claims that he cannot be forced to work for WRKO,” Superior Court Judge Allan van Gestel wrote in his decision. “While Carr’s position may have merit, it is not presently before this Court on the three motions in play. In short, it remains for another day, on another record.”

Carr’s spokeswoman and attorney did not immediately comment. George Regan, a spokesman for Entercom and WRKO, said today, “We hope Howie comes back to work soon.”

Who knows what’ll happen. Will he still attempt to go
to WTKK? This is confusing...and keep in mind the
‘final’ judgement hasn’t been issued yet and Howie’s
lawyers may tell him to stay put (either still on
‘RKO or “benched”) while this is being settled.

Someone on radio-info suggested Howie ought to go on
WTKK tomorrow morning—as Graham’s guest. “Hey, I’m
promoting my book or column”—and that that would really
p-— off Entercom!

Radio personality Howie Carr may have to remain off the air until his ongoing contract dispute with WRKO AM 680 is resolved as the result of todays ruling in Suffolk Superior Court.

The judge ruled that a non-compete clause in Carrs contract with WRKO is not enforceable under state law, but a match clause that gave WRKO the right to match any new offer was enforceable.

Carr who did his last show on WRKO yesterday is not expected to be back on the station where he spent last 13 years hosting very popular afternoon drive program. And, unless WRKOs owner Entercom and WTKKs parent company Greater Media somehow work things out(ie, monetary compensation) between now and 6am tomorrow morning, his scheduled debut on 96.9FM is being put on hold. Obviously nothings really stopping Carr to appear on WTKK tomorrow morning(as host or guest caller), but Entercoms lawyers would likely go to court to silence him until things are settled.

At this point, Howie Carr has failed to obtain the ruling from the Court that was a condition of him coming to work for us. The courts decision left many questions unanswered. We are disappointed that Howie will not be on WTKK tomorrow, but we are hopeful that he will be a part of the Greater Media family in the very near future.

The actual Herald Messenger blog piece. It’s been said in
several places that Howie’s contract with Entercom expires
at the end of the day but I’ve also read Entercom feels
he’s in their employ for another 5 years as they matched
WTKK’s offer.

WTKK finally speaks
Posted by Jessica Heslam at 2:58 pm

In their first public words addressing radio host Howie Carr, WTKK (96.9 FM) just released this statement following todays court ruling. Heres my story on todays ruling.

At this point, Howie Carr has failed to obtain the ruling from the Court that was a condition of him coming to work for us. The courts decision left many questions unanswered. We are disappointed that Howie will not be on WTKK tomorrow, but we are hopeful that he will be a part of the Greater Media family in the very near future.

Looks like HC will be drawing on his sizable bank account for awhile.I would think he’ll tried to get fired(not showing up,throw RKO under the bus,etc.)and RKO won’t pay him for not showing up or trashing the station.But RKO won’t let him go easily either.What a mess.

Whatever his lawyers brought up didn’t work.Just looked at savewrko.com and they’re saying TKK will have another hole in its lineup if they know it or not.(no idea what that means). AS for HC,who knows.Howie doesn’t want to be there,and management won’t want him there spouting off every ten minutes either.

A story on Howie ran on the Ch 4 (Boston) 11 pm news. I didn’t see it but the WBZ-TV site has not only the following story but a 21 minute “raw feed” of the interview!

Howie Carr Discusses WRKO Feud, Life As Radio Host

Lisa Hughes
Reporting

(WBZ) BOSTON Controversial talk radio host Howie Carr is off the air after a court ruling left him between stations.

His WRKO contract was supposed to run out Wednesday, and he was planning to start at rival WTKK Thursday morning. It’s a move worth millions, but a judge said Carr never should have made the deal when he was still under contract and that WRKO was within its rights to match Carr’s new offer to try to keep him at the station.

Carr pulled no punches in a Monday (interview) about what has become one ugly fight over his future.

In the past 20 years, he has built a fraternity of listeners who distrust politicians and applaud his criticism of the men and women he calls “hacks.”

But Carr’s current contract at WRKO is over, and while they want him to stay, he made it clear he wants out.

“I don’t feel any real loyalty. One thing I learned from Chuck Scarborough — in this business, you have to “bleep” them before they “bleep” you,” Carr said.

In that spirit, WRKO and their best known host sued each other. Even with the No. 2 show in its time slot, Carr made a deal to move to mornings and jump ship.

“They think if they want me to work there I have to keep working there,” he said. “I think they’re wrong.”

Carr said it’s not about the money.

“It’s an opportunity, I think, to reach more people and prolong my career,” he said.

In Carr’s world, members of both political parties are equal opportunity targets.

When asked if he had ever gone after someone and, in retrospect, regretted it or felt he’d been too hard on them, he said, “No, I usually feel that I’ve gone too easy.”

Carr’s wife, Kathy and their three daughters have waited a long time to have him home in the afternoon.

“Having him around to help with the dishes, laundry,” Kathy said. “I have a whole list.”

“To be a successful talk show host, you have to listen,” Carr said. “You can’t be too arrogant. And you can’t think you’re better than anybody else either because you’re not.”

Carr said he is confident he will join WTKK very soon.

A spokesman for WRKO’s parent company said, “We look forward to Howie continuing his show on WRKO.

from the Herald. btw at the end of today’s show Todd
Feinburg said “Howie will be back tomorrow”. Believe him?

Howie: taking time off
Posted by Jessica Heslam at 5:32 pm Boston Herald

Boston radio host Howie Carr is taking some time off as court battle soldiers on.

Heres a statement from Carr spokewoman Nancy Sterling.

While we would like to have achieved a complete victory in court, we are gratified that the decision leaves open the opportunity for Howie to work at the place of his choosing. Not only did the Court find unlawful a portion of Entercoms employment agreement, but the Court adopted our argument that Howie cannot be forced to work for a particular radio station.

Howie looks forward to taking some well-deserved time off from one of his three careers and to joining WTKK in the very near future.

Boston, MA- While we would like to have achieved a complete victory in
court, we are gratified that the decision leaves open the opportunity for
Howie to work at the place of his choosing. Not only did the Court find
unlawful a portion of Entercom’s employment agreement, but the Court adopted
our argument that Howie cannot be forced to work for a particular radio
station.

Howie looks forward to taking some well-deserved time off from one of his
three careers and to joining WTKK in the very near future.

Not sure how long it’ll be this way but if you go to http://www.wrko.com you can see a polar bear
(wearing a white T-shirt) in a snowstorm. Basically all white. Nothing on there. hmm.

WTKK’s site unveils the new logo and puts forth their statement about the Howie situation.http://www.wtkk.com

On the Ch 4 report, they said that Carr intends to appeal the ruling and he hopes to be on
WTKK very soon. They say Entercom feels he is still their employee but Howie says he
won’t be back. Or at least he’s on vacation...from “one of this three jobs”.

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